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<br />., <br /> <br />00091.8 <br />, <br /> <br />recovery of the species and its habitat will be accomplished <br />consistent with State and Federal law? Please clarify. <br /> <br />Page 21, last partial sentence. - Because it is not clear what <br />"This" refers to, revise the sentence to state "Federal agencies <br />can rely on the Program to meet their responsibilities to insure <br />that future water use . " <br /> <br />Page 22, last paragraph. - Please delete "will provide" and <br />replace with "be the" in the first sentence and in the later <br />sentences. Please strike "future" from the second sentence <br />because the Program can be the alternative or part of the <br />alternative for existing ongoing Federal actions such as the <br />operation of Federal projects. <br /> <br />Page 23. - In order to avoid a claim of arbitrary and capricious <br />action, the document should provide the basis for disparate <br />treatment of historic and new projects relating to the depletion <br />charge. Additionally, the document should include a basis for <br />the formula for determining such charge, explain what it will be <br />used for, and who is to receive such funds. If a Federal agency <br />is to receive the funds, there must be legal authority for the <br />agency to receive money in excess of its congressional appropria- <br />tions and such authority must be cited. <br /> <br />The second and third paragraphs should be revised based on our <br />comments on page 20. <br /> <br />Page 24, No.2. - Is the word "all" in the second sentence <br />correct? The words "is providing" in the second sentence should <br />be changed to "will provide." Do you mean "additional alterna- <br />tives" and not "such alternatives" in the second sentence? If <br />so, please revise. What is meant by "other conservation <br />measuresll? <br /> <br />Page 24, No.3. - The statement about using accomplishments under <br />the Program as its measure of sufficient progress needs to be <br />explained. What does "measure" mean? The next sentence is also <br />confusing and as currently drafted does not make sense. Please <br />revise and clarify. <br /> <br />Page 26. - Please clarify what "consistent with the ESA" means. <br />If it only means that the Service will comply with the ESA and <br />the regulations, such statement is unnecessary. Additionally, <br />the citations to Section 7(2) (1) and (2) are reversed. Please <br />correct. <br /> <br />Page 28. - The reason why project beneficiaries will not be <br />responsible for the costs of land management or that such costs <br />would not be included in the Bureau's budget requests should be <br />explained. <br /> <br />4 <br />